art_24__para

1 . IF AN UNDERTAKING DOES NOT COMPLY WITH THE PROVISIONS ENVISAGED IN ARTICLE 17 , THE SUPERVISORY AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY IT CARRIES ON ITS ACTIVITY MAY PROHIBIT THE FREE DISPOSAL OF ASSETS LOCALIZED IN THAT MEMBER STATE AFTER HAVING INFORMED THE SUPERVISORY AUTHORITIES OF THE HEAD-OFFICE MEMBER STATE OF ITS INTENTION . 2 . FOR THE PURPOSES OF RESTORTING THE FINANCIAL SITUATION OF AN UNDERTAKING WHOSE SOLVENCY MARGIN HAS FALLEN BELOW THE MINIMUM REQUIRED UNDER ARTICLE 19 , THE SUPERVISORY AUTHORITY OF THE HEAD-OFFICE MEMBER STATE SHALL REQUIRE A PLAN FOR THE RESTORATION OF A SOUND FINANCIAL POSITION TO BE SUBMITTED FOR ITS APPROVAL . 3 . IF THE SOLVENCY MARGIN FALLS BELOW THE GUARANTEE FUND AS DEFINED IN ARTICLE 20 , OR IF THE LATTER IS NO LONGER CONSTITUTED AS LAID DOWN IN THAT ARTICLE , THE SUPERVISORY AUTHORITY OF THE HEAD-OFFICE MEMBER STATE SHALL REQUIRE THE UNDERTAKING TO SUBMIT A SHORT-TERM FINANCE SCHEME FOR ITS APPROVAL . IT MAY ALSO RESTRICT OR PROHIBIT THE FREE DISPOSAL OF THE ASSETS OF THE UNDERTAKING . IT SHALL INFORM THE AUTHORITIES OF OTHER MEMBER STATES IN WHOSE TERRITORIES THE UNDERTAKING IS AUTHORIZED OF ANY MEASURES AND THE LATTER SHALL , AT THE REQUEST OF THE FORMER , TAKE THE SAME MEASURES . 4 . THE COMPETENT SUPERVISORY AUTHORITIES MAY FURTHER TAKE ALL MEASURES NECESSARY TO SAFEGUARD THE POLICY-HOLDERS' INTERESTS IN THE CASES PROVIDED FOR IN PARAGRAPHS 1 AND 3 . 5 . THE SUPERVISORY AUTHORITIES OF OTHER MEMBER STATES IN WHOSE TERRITORY THE UNDERTAKING IN QUESTION HAS ALSO BEEN AUTHORIZED SHALL COLLABORATE FOR THE PURPOSE OF IMPLEMENTING THE PROVISONS REFERRED TO IN PARAGRAPHS 1 TO 4 .

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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.